President William Ruto’s administration has suffered yet another setback after the High Court in Kerugoya temporarily suspended the implementation of the contentious Computer Misuse and Cybercrimes (Amendment) Act, 2025.
In a ruling delivered on Monday, October 27, Justice Edward Muriithi issued conservatory orders halting the law’s enforcement pending a full hearing of a petition filed by Kirinyaga Woman Rep Njeri Maina.
"That the application seeking conservatory orders pending hearing of a petition for a ‘Declaration that the enactment of the Computer Misuse and Cybercrimes (Amendment) Act, 2025 without the involvement of the Senate, despite touching on matters concerning county governments under Part 2 of the Fourth Schedule, was unconstitutional, null and void for want of compliance with Articles 96 and 110(1)(a) of the Constitution’, and consequential permanent injunction is certified urgent in view of the reliefs sought," the ruling read.
Muriithi also directed that the petition be served upon the respondents before November 3, 2025, when further directions will be issued.
In addition, the court granted a temporary order suspending the law for seven days to allow for inter partes hearing.
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"Pending the inter partes hearing of this application, a conservatory order be and is hereby issued suspending the coming into force, implementation, operation, and/or enforcement of Section 6(1)(a) of the Computer Misuse and Cybercrimes (Amendment) Act, 2025 is granted for seven (7) days only," the ruling added.
This comes days after the High Court in Nairobi temporarily suspended the implementation of the law, pending the hearing and determination of a petition challenging its legality.
Justice Lawrence Mugambi issued the conservatory orders on Tuesday, October 22, following an application filed by gospel artist and human rights advocate Reuben Kigame and the Kenya Human Rights Commission (KHRC).
In his ruling, Mugambi directed that the application and its submissions be physically served on the respondents within three days, with proof of service to be filed thereafter.
"Pending the hearing and determination of this application, a conservatory order is hereby issued suspending the enforcement, implementation, and operation of Section 27(1)(b), (c) and (2) of the Computer Misuse and Cybercrimes (Amendment) Act, 2025," the order reads in part.
The court further directed that responses and submissions to the application be filed and served within seven days from the date of service.
The petitioners may also file and serve a rejoinder within seven days after receiving the respondents’ submissions. The case will be mentioned on November 5, 2025, for further directions.
